Blastrite (Pty) Ltd v Genpaco Ltd; In re: Genpaco Ltd v Blastrite (Pty) Ltd (4530/15)
Blastrite (Pty) Ltd v Genpaco Ltd; In re: Genpaco Ltd v Blastrite (Pty) Ltd (4530/15) [2015] ZAWCHC 76; 2016 (2) SA 622 (WCC) (1 June 2015)
The court found that the respondent, a peregrinus, had instituted proceedings in South Africa and previously furnished security for costs. The applicant sought an increase in security due to the arbitration proceeding. The respondent was able to provide the additional security and would not be prevented from pursuing its claim. The court held that the practice of requiring security for costs from a peregrinus is rational, serves a legitimate purpose, and does not amount to unfair discrimination or violate the right to equality under the Constitution. The discretion to order security must be e…
Source excerpt
- Security For Costs
- Arbitration Act
- Peregrinus Litigant
- Constitutional Right To Equality